Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1034 of 2023 In Civil Writ Jurisdiction Case No.15771 of 2022 ====================================================== Nirmala Devi, Wife of Prasuram Singh, resident of Village - Malahai Babu Tola, Areraj, P.O. and P.S. - Malahi Bazar, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary S. Siddarth Finance Dept. Govt. of Bihar, Patna.

2.

Kaushalendra Yadav, Son of name not known, At present Presiding Officer of the Debt Recovery Tribunal, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Tiwari, Advocate For the Opposite Party/s :

Mr. Raghwendra Kumar (SC-22) For the Bank :

Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-07-2023 The petitioner alleges that there is contempt of Annexure1 order. Annexure-1 order only directed the Debts Recovery Tribunal (for brevity "DRT"), Patna to dispose of O.A. No. 971 of 2018 expeditiously and within six months from the date of production of a copy of that order. On 30.11.2022, the order of the High Court was produced before the DRT wherein the DRT, Patna issued an order in the following manner:

"Ld. Counsel for the defendants has appeared along with copy of order of the Hon'ble High Court and he wants further time for hearing. In such circumstances last opportunity is granted to the defendants for hearing of the

Patna High Court MJC No.1034 of 2023 dt.20-07-2023 2/2 case. Let the Evidence if any may be filed by the parties within fifteen days.

Put up on 10.1.2023 for further orders.

Order be uploaded on the Tribunal's website."

2. We also see that eventually after hearing the learned counsel for the parties in the O.A. and the Interlocutory Applications, the matter was reserved for orders/judgment on 03.04.2023. Learned counsel for the Bank points out that there is an order uploaded on the website which they have received, which is dated 18.04.2023.

3. We find that it is a detailed order against which an appeal is maintainable before the DRAT. We find absolutely no contempt in the matter.

4. The petition stands dismissed.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) Anushka/PKP AFR/NAFR CAV DATE Uploading Date 24.07.2023 Transmission Date